46
allegedly committed. Nevertheless, those judicial proceedings have been ineffective
as explained below. Indeed, the lack of diligence by courts of law to conduct criminal
proceedings to clarify the events that resulted in the death of Mr. Bernabé BaldeónGarcía and to punish the perpetrators of those acts has been ascertained.
150. Article 8(1) of the Convention sets forth that one of the elements of due
process of law is that a court must decide any case it takes up within reasonable
time. The reasonableness of that time must be assessed in relation to the total time
demanded by criminal proceedings. In criminal matters, this time period runs from
the first procedural act addressed to a specific person allegedly responsible for a
given offense, until final and nonappealable judgment is rendered.86
151. To examine the time reasonableness in this proceeding, pursuant to Article
8(1) of the Convention, the Court will consider three elements: a) the complexity of
the matter, b) the procedural activities carried out by the interested party, and c)
the conduct of judicial authorities.87
152. Based on the precedents contained in the section on Proven Facts and the
acquiescence of the State, the Court considers that this is not a complex case. It
involves only one victim, who has been accurately identified, and there are sufficient
grounds to conduct criminal proceedings against the alleged perpetrators. Moreover,
the evidence received in Court does not prove that the family of Mr. Baldeón-García
has engaged in dilatory conduct. On the contrary, the family of Mr. Baldeón-García
submitted various complaints to several state authorities to progress on proceedings
and to establish the truth of the events, and determine the respective responsibility
(supra paras. 72(23) to 72(37)). The duration of proceedings is exclusively the
result of the attitude of judicial authorities.
153. The time
years after the
enquiry stage.
violation of the
State.
consumed by proceedings is undoubtedly unreasonable since, fifteen
occurrence of the events, judicial proceedings are still at criminal
This Court believes that this excessive delay amounts in itself to a
due process of law safeguard,88 which could not be justified by the
154. Moreover, the fact that criminal proceedings have not come to an end has
especially affected the family of Mr. Baldeón-García since, in Peru, civil reparation for
damage sustained as a consequence of acts classified as illegal under criminal law
requires that the offense be ascertained under a criminal proceeding. In other
words, the denial of justice in the criminal system has prevented the next of kin of
Mr. Baldeón-García from obtaining a civil compensation for the events of the instant
case, thus impairing their right to be granted an adequate reparation.
Cf. Case of López-Álvarez, supra note 6, para. 129; Case of Acosta-Calderón, supra note 3, para.
104; and Case of Tibi, supra note 71, para. 168.
86
Cf. Case of López-Álvarez, supra note 6, para. 132; Case of García-Asto and Ramírez-Rojas,
supra note 10, para. 166; and Case of Acosta-Calderón, supra note 3, para. 105.
87
Cf. Case of Moiwana Community, supra note 59, para.160; Case of the Serrano-Cruz Sisters.
Judgment of March 1, 2005. Series C No. 120, para. 69; and Case of Ricardo Canese. Judgment of August
31, 2004. Series C No. 111, para. 142.
88
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